Cross-border litigation

2 December 2013

High Court awards costs on indemnity basis for “hopeless” summary judgment application

In the case of Simmons & Simmons LLP v Charles Hickox [2013] EWHC 2141 (QB), the High Court has held that a defendant who applies for summary judgment on a point of law which he knows, or ought to have known, was not justified should pay the costs of the application on the indemnity basis. 

15 January 2013

French advocates, like any other European lawyers, must actively detect and report money laundering activities

In its recent decision Michaud v France dated 6 December 2012 (Requête No.12323/11), the European Court of Human Rights (the “Court”) confirmed that French advocates, like any other lawyers authorised to practise within the European Member States, must comply with certain obligations aimed at effectively detecting and fighting against money laundering activities.

5 November 2012

French companies still have lessons to learn on corruption and fraud risks

The Organisation for Economic Cooperation and Development (“OECD”)’s Working Group on Bribery recently urged France to tackle bribery, tighten laws and boost fines. It is “seriously concerned that, despite the very significant role of French companies in the international economy”, France has only secured 5 convictions since the bribery ban came into force in 2000. 

10 October 2012

Bernard Matthews’ Will - French law has the final say

The three adopted children of millionaire turkey farmer, Bernard Matthews, commenced proceedings in England for their share in their father’s £12 million French villa near St Tropez to be recognised under French law, despite their father’s three wills in favour of his secret French mistress for 23 years.

10 November 2011

Territorial Jurisdiction V The Internet – The EJC adopts a wider interpretation of jurisdiction in relation to privacy rights

Recently, there has been an interesting ruling by the European Court of Justice (ECJ) on two joined cases, both relating to alleged multi-jurisdictional defamation by means of material published on the internet. The inherent conflict of the globality of the internet and the territorially limited jurisdiction of national courts was the key issue.

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